The Competition Commission of India (CCI) has significantly bolstered its efforts to address anti-competitive activities and foster international collaboration in recent years. Over the last five financial years, the CCI has investigated 35 cartel cases spanning various sectors. These investigations underline the CCI’s commitment to ensuring fair competition and economic integrity within India’s markets.
As part of its strategy to enhance international cooperation, the CCI has entered into bilateral and multilateral Memorandums of Understanding with prominent global regulatory bodies. These include partnerships with authorities in Egypt, Mauritius, Japan, Brazil, Canada, Australia, the European Commission, the United States Department of Justice, and member countries of BRICS. These agreements aim to strengthen enforcement cooperation while adhering to respective legal frameworks, enforcement priorities, and resource constraints.
India’s emphasis on creating a globally competitive economic environment is further highlighted by the inclusion of competition-specific chapters in several Free Trade Agreements signed with trading partners. These chapters outline measures to combat anti-competitive activities, thereby facilitating trade and investment flows and promoting efficient market functioning.
The CCI has also prioritized research and trend analysis to detect anti-competitive behaviors across different sectors. The introduction of the “lesser penalty plus” mechanism under the Competition (Amendment) Act, 2023 is one of the latest innovations aimed at incentivizing cartel disclosures. This mechanism allows an existing lesser penalty applicant to provide full, accurate, and critical information about other cartels unknown to the CCI, fostering a culture of transparency and accountability.
In addition to the lesser penalty mechanism, the amendment to the Competition Act of 2002 has expanded the scope of cartel investigations by incorporating the Hub & Spoke arrangement. This provision presumes participation in anti-competitive agreements by parties that may not be directly engaged in similar trade but intend to further such agreements.
Through its enforcement and advocacy mandate, the CCI has made significant strides in promoting competition, eliminating market distortions, and ensuring fair practices. In the last five years, the Commission has conducted 1,446 advocacy programs aimed at educating stakeholders about competition laws and addressing distortions in the market.
These measures reflect the CCI’s proactive approach to fostering a robust and equitable economic landscape in India. With enhanced mechanisms for cartel detection, stronger international cooperation, and sustained advocacy efforts, the CCI continues to play a pivotal role in shaping India’s competitive framework and maintaining market fairness.
